WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

SEVENTH DAY

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Charleston, W. Va., Tuesday, January 14, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Reverend Henry Thaxton, Member, Maranatha Baptist Church, Charleston, West Virginia.
     Pending the reading of the Journal of Monday, January 13, 2003,
     On motion of Senator Chafin, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Clerk presented a communication from the Division of Juvenile Services, submitting its annual report as required by chapter forty-nine, article five, section thirteen-e of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Coal Heritage Highway Authority, submitting its annual report, in accordance with chapter twenty-nine, article twenty-eight, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Office of the State Treasurer, submitting its Debt Capacity report as required by chapter twelve, article six-b, section four of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 52, Eliminating certain bond on out-of-state defendants in automobile accident cases.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Prezioso, Bailey, Boley, Bowman, Caldwell, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Tomblin (Mr. President), Unger, Weeks and White:
     
Senate Bill No. 150--A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to fees charged to disabled veterans for special registration license plates.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     
Senate Bill No. 151--A Bill to repeal articles one-b and one- c, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section three, article two, chapter thirty-one-a of said code; to amend and reenact sections one and two, article ten-d, chapter five of said code; to amend and reenact sections three and four, article sixteen of said chapter; to amend and reenact sections one, two and four, article one, chapter five-a of said code; to amend and reenact sections one, twenty-eight and thirty-three, article two of said chapter; to amend and reenact section one, article three of said chapter; to amend and reenact section one, article four of said chapter; to further amend said article by adding thereto five new sections, designated sections six through ten, inclusive; to amend and reenact article seven of said chapter; to further amend said chapter by adding thereto two new articles, designated articles ten and eleven; to amend chapter five-b of said code by adding thereto a new article, designated article one; to amend and reenact sections two and three, article one, chapter five-f of said code; to amend and reenact sections one and two, article two of said chapter; to further amend said code by adding thereto a new chapter, designated chapter five-g; to amend and reenact sections five, six and seven, article six, chapter twenty-nine of said code; to amend and reenact sections two, three, four, five and twelve, article twelve of said chapter; to amend and reenact section two, article one, chapter thirty-one-a of said code; to amend and reenact sections one, four and twelve, article two of said chapter; to amend and reenact sections one, fifteen and sixteen, article two, chapter thirty-three of said code; to amend and reenact sections six and seven, article twenty-b of said chapter; and to amend and reenact sections one and two, article one, chapter forty- seven-a of said code, all relating to reorganizing the executive branch of government; restructuring the grouping of state agencies under departments headed by department secretaries; consolidating the department of administration and the department of tax and revenue into a new department of finance and administration; establishing five divisions of the new department of finance and administration and allocating the functions of current divisions, boards and offices to one of the five divisions; abolishing the position of chief technology officer in the office of the governor, the information services and communications division and the science and technology council, and creating a new technology division and office of chief information officer; abolishing the insurance and retirement division of the department of administration and creating a new employee and insurance services division within the department of finance and administration; providing that the director of the employee and insurance services division shall have the power and duty to chair certain boards and consolidate or reorganize certain internal functions and operations, transfer funds and supervise internal management; creating a new regulatory services division within the department of finance and administration; providing that the director of the regulatory services division shall have the power and duty to consolidate or reorganize certain internal functions and operations, transfer funds and supervise internal management; transferring professional and occupation boards of examination and registration to the division of regulatory services; creating a new department of tourism, natural resources and parks and transferring certain agencies formerly within the bureau of commerce to the new division; providing that the commissioner of tourism, natural resources and parks shall have the power to consolidate or reorganize certain internal functions and operations, transfer funds and supervise internal management of agencies within the division; reorganizing and consolidating certain functions of the insurance commissioner, the division of banking and the state board of risk and insurance management; redesignating the agency of insurance commissioner as the division of insurance; creating an executive officer for the supervision and control of banking and insurance functions; modifying the powers and duties of department secretaries; abolishing the bureau of commerce and transferring certain agencies formerly within the bureau to other departments and divisions; transferring public defender services and the prosecuting attorneys institute to the department of military affairs and public safety; and modifying the internal structure and functions of certain transferred agencies and the composition of certain boards and commissions to conform with the purposes of said reorganization of the executive branch.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Snyder, Ross, Bailey and Deem:
     
Senate Bill No. 152--A Bill to amend and reenact section eleven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the commercial sale of venison in restaurants or other eating places.
     Referred to the Committee on Natural Resources.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     
Senate Bill No. 153--A Bill to amend and reenact sections four, five, ten, eleven, thirteen, thirteen-b, sixteen and twenty- eight, article twenty-three, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two, three, four, five, six, seven, eight, nineteen and twenty-six, article twenty-two, chapter twenty- nine of said code; to amend article twenty-two-a of said chapter by adding thereto a new section, designated section three-a; to amend and reenact sections three hundred six and three hundred eight, article twenty-two-b of said chapter; to further amend said article by adding thereto a new section, designated section three hundred thirty-five; to amend article twenty-five of said chapter by adding thereto a new section, designated section two-a; to amend article twenty, chapter forty-seven of said code by adding thereto two new sections, designated sections one-a and one-b; to amend article twenty-one of said chapter by adding thereto two new sections, designated sections one-a and one-b; and to amend article twenty- three of said chapter by adding thereto two new sections, designated sections one-a and one-b, all relating to gaming, including horse and dog racing, pari-mutuel wagering, lottery, racetrack video lottery, limited video lottery, authorized gaming facility, charitable bingo, charitable raffles and charitable raffle boards and games; renaming lottery commission as state gaming commission; abolishing racing commission and transferring powers and duties to state gaming commission; transferring powers and duties of tax commissioner as to charitable bingo and raffles and charitable raffle boards and games to state gaming commission; making substantive changes necessary to effectuate changes; and specifying effective dates.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senator Sprouse:
     
Senate Bill No. 154--A Bill to amend and reenact section three, article seven, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to eligibility requirements for PROMISE scholarships to include educational institutions that are nationally accredited.
     Referred to the Committee on Education; and then to the Committee on Finance.
     Senators Sharpe, Ross, Minard, Caldwell, Facemyer, White, Oliverio, Hunter, Love and Unger offered the following resolution:
     Senate Concurrent Resolution No. 5--Requesting the Division of Highways name the new bridge near Jackson's Mill, Lewis County, the "Homer Bennett Bridge".
     Whereas, Homer Bennett is a native of Lewis County who served his nation with pride and distinction during World War II as a sergeant in the United States Army; and
     Whereas, Homer Bennett is a prominent businessman and President of Bennett's Home, Auto and Furniture Center in Weston and he has served his community in numerous positions, including Past President, Lewis County Chamber of Commerce; Past President, Weston Lions Club; Past President, Lewis County Shrine Club; Member, Board of Directors of Stonewall Jackson Memorial Hospital; Member, Board of Directors of Citizens Bank of Weston; and Radio voice of the Lewis County Minutemen, 1973-1980; and
     Whereas, The dedication and commitment of Homer Bennett to the citizens of Lewis County earned him the Governor's Outstanding West Virginian Award and the Spirit of Freedom Award in 1983; the West Virginia Home Furnishings Retailer of the Year, 1987; and the Lewis County Spirit Award in 2001; and
     Whereas, It is fitting that the new bridge near Jackson's Mill, Lewis County, be named the "Homer Bennett Bridge" as a lasting symbol of appreciation to a man who has dedicated so much to his community; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the new bridge near Jackson's Mill, Lewis County, the "Homer Bennett Bridge"; and, be it
      Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the new bridge near Jackson's Mill, Lewis County, the "Homer Bennett Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     Which, under the rules, lies over one day.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Prezioso, Snyder, Deem and Chafin.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, January 15, 2003, at 11 a.m.
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